Miami Accident Lawyer Blog

July 17, 2019

Uber and Lyft Accidents in Florida: What Victims Need to Know

There is no question that getting around town by Uber, Lyft, or other rideshare is convenient, but that does not make it safer. Any vehicle on the roadway is at risk of an accident, including those that are part of a “transportation network company” (TNC), as these services are defined by Florida law. The same statute also regulates the operations of TNCs and provides certain requirements for insurance purposes in the event of the accident. It is good to know that you are covered in an Uber/Lyft crash that was not your fault, but the legislative landscape does make these matters more complex than a typical collision. You should discuss your circumstances with a Florida car accident attorney.

TNCs and Insurance Requirements in Florida

As of January 2017, Florida made certain insurance coverages required for TNCs and the drivers who use their digital services to provide ridesharing services. The insurance must cover the TNC driver as follows:

July 15, 2019

When is Florida’s Workers’ Comp NOT the Sole Remedy in a Construction Accident?

by Gerson & Schwartz, P.A.

As a construction worker, you know how dangerous and constantly changing your work environment can be. This industry is one of the most hazardous in the US, as the Bureau of Labor Statistics consistently ranks it in the top three for most nonfatal injuries and in days away from work. Fortunately, Florida’s workers’ compensation system protects construction workers who are hurt in on-the-job accidents.

However, there is one aspect of state workers’ comp laws that is unfamiliar to many employees, termed “exclusiveness of liability” under the Florida statute. In short, it means your workers’ comp benefits are your sold remedy and you are limited in terms of what you can recover – unless you qualify for one of the exceptions. A Florida construction accidents lawyer can explain in more detail about scenarios where you may be able to file a lawsuit for your losses.

Overview of Workers’ Compensation Laws in Florida

July 12, 2019

Largest Children’s Product Recalls so Far in 2019

by Gerson & Schwartz, P.A.

Now that 2019 is more than half over, parents may find it helpful to review some of the top children’s products that have been recalled due to dangerous defects and safety hazards. The Consumer Product Safety Commission Recall List includes a wide array of items, but clothing, toys, and other products dedicated for use by children are especially concerning because of the vulnerability of the end user. Children are typically unable to recognize flaws in the design or manufacturing process, and they may not appreciate the inherent risks involved with certain products.

If your child suffered injuries because of a recalled product or any other consumer item, you should discuss your legal remedies with a Florida products liability attorney. An overview of the top children’s product recalls for the first half of 2019 may also be helpful.

Kids II Rocking Sleepers: This recall is seriously troubling both in terms of the number of affected units and the extreme risk to children. All 694,000 of these units were recalled in April 2019 after five babies died and dozens more were injured because of a defect in the design of the sleeper. According to reports, the infant victims rolled from their backs onto their stomachs, causing the sleeper to topple. The recall instructions directed parents to immediately cease use and contact the manufacturer for a full refund.

July 10, 2019

FAQs About Slip and Fall Injury Claims in Florida

by Gerson & Schwartz, P.A.

You may not expect to be hurt due to dangerous conditions on property, but a report from the US Centers of Disease Control and Prevention reveals shocking statistics: Accidental slips, trips, and falls are among the top two causes of non-fatal injuries in the US. It is true that clumsiness may be to blame in some situations, but many other injuries occur because of preventable errors. You should discuss your circumstances with a Florida slip and fall attorney right away, but some answers to common questions about property-related accidents may be helpful.

How do Slip and Fall Claims Work?

The familiar term “slip and fall” actually refers to a legal concept called premises liability in Florida. The foundation of these claims is negligence, a type of case that imposes a legal duty on property owners. If they fail to maintain the premises in a reasonably safe condition, they could be liable for a victim’s injuries.

July 8, 2019

New Florida Law Cracks Down on Distracted Driving

by Gerson & Schwartz, P.A.

Florida recently joined many other US states in cracking down on certain forms of cell phone use while driving, with a new law that went into effect July 1, 2019. An article in the Sun-Sentinel outlined the details of the Wireless Communications While Driving Law, which bans holding or handling a phone to:

Text or make calls;
Navigate via GPS;

July 5, 2019

Two Killed in Florida Motorcycle Crash: Options for Surviving Family

by Gerson & Schwartz, P.A.

A tragic motorcycle accident in Marion County, FL claimed the lives of two men and shut down traffic on northbound Interstate 75 for approximately five hours on Thursday, June 13, 2019. Orlando’s Spectrum News Channel 13 reported on the incident, which was still under investigation by the Florida Highway Patrol (FHP). According to police, the two men were riding side-by-side on separate Harley Davidson motorcycles in front of a semi truck. The pair attempted to slow down due to traffic conditions, but one rider lost control of his vehicle. As the motorcycle slid across the pavement, the other man also lost control. Upon landing in the center lane, both men were struck by the 18 wheeler that had been traveling behind them.

Under the circumstances, surviving family members may have options to recover compensation through a cause of action that is categorized as a wrongful death case. A Florida wrongful death attorney can explain in more detail, but an overview may be helpful.

How Wrongful Death Cases Work in Florida

June 30, 2019

E-Scooters are Back in Miami, Along With Increased Risk of Accidents

by Gerson & Schwartz, P.A.

Miami city commissioners recently announced a six-month trial program to implement 300 electric scooters across District 2, a region that incorporates the downtown area, Coconut Grove, Morningside and Edgewater. An article appearing in the South Florida Sun-Sentinel outlined the plan involving Bird, Lime, and other companies that operate the dockless rental vehicles, familiarly called “e-scooters.” The announcement comes as good news for people looking for a convenient, affordable, and sustainable option for getting around town. A user simply downloads the app, pays low fee to unlock the e-scooter, and then drops it off when finished.

E-scooter programs in Coral Gables and Fort Lauderdale have been quite successful, especially among students. Opponents argue that e-scooters increase the likelihood of traffic-related accidents. Fortunately, injured victims may have rights under well-established legal rules regarding negligence, and a Florida personal injury lawyer can explain in more detail. Still, to reduce the risk of accidents, you should review some safety issues and tips regarding e-scooters.

Risk Factors with E-Scooters

June 17, 2019

Recent DUI Accident Sheds Light on Injured Victims’ Rights

by Gerson & Schwartz, P.A.

One minute, visitors to a Port Charlotte Harley-Davidson store were listening to a live concert; the next, they were running for their lives from a luxury sports car that an intoxicated woman plowed into the crowd. According to a June 12, 2019 article in the Miami Herald, none of the concertgoers were injured in the chaos that ensued. However, the local country music star who was headlining the event suffered injuries to his foot. Upon arriving at the scene, police detained the woman for questioning, and eventually arrested her for DUI, among other charges.

The penalties for DUI are harsh in Florida, including fines, jail time, and a driver’s license suspension. Unfortunately, these sanctions do nothing for victims who are injured as a result of a drunk driving collision. You do have rights if you are hurt in a DUI crash, and a Florida car accident attorney can assist with your claim. Some general information regarding these cases may also be helpful.

Comparing Criminal and Civil DUI Cases

June 7, 2019

Virgin USA Train Crashes into Car in North Miami

by Gerson & Schwartz, P.A.

Around 9:30 a.m. on Wednesday, June 5, Miami-Dade Fire Rescue responded to a collision between a Virgin Trains USA train and a silver SUV near Biscayne Boulevard and 141^st Street. The SUV sustained significant damage, and the airbags were deployed. The back end of the SUV was crushed, the windows shattered, and the front bumper was detached and on the ground. One report stated the train was heading south when it struck the SUV on the driver’s side of the vehicle and pushed it 180 degrees. One victim was transported to Aventura Hospital and Medical Center, and their condition was unknown. A report stated witnesses saw the driver get out of the SUV and looked visibly OK. After the collision, the train stopped nearby. Virgin Train USA representatives came to the scene to assess damage to the train. There was visible damage to the train’s front car. There are no reports of any harm to train employees or passengers Commuter trains like Virgin Trains USA are growing in popularity in Florida and around the US. However, they pose a significant risk at intersections where railroad tracks public cross streets. If you or a loved one were a victim of a train-vehicle crash in Florida, do not hesitate to contact a Miami car accident lawyer at Gerson & Schwartz P.A. You can reach out to schedule a free consultation by calling (877) 475-2905 or using our online form.

Virgin Trains USA Used to be Bright line

In March 2019, Virgin Group announced its first train line would be Virgin Trains USA in South Florida. The majority owner and operator of the train is Fortress Investment. Virgin Group is a minority investor providing the iconic branding for the train. This train line was originally known as Bright line and began service in May 2018, with test runs starting in 2017. It is a high-speed intercity system that currently stops in Miami, Fort Lauderdale, and West Palm Beach. Virgin previously announced it intends to extend the train line to Orlando and Tampa. Individuals who are injured in an accident involving a Virgin train should contact an experienced lawyer in Miami. If the incident was a train-car collision, our Miami car accident attorneys are here to investigate the crash, determine what went wrong, and identify the liable party. Our lawyers at Gerson & Schwartz P.A. are highly experienced in handling all types of vehicle collisions, including those involving commuter and freight trains. We are not afraid to hold large and popular businesses responsible in court.

May 18, 2019

Princess Cruise Ship Passengers Killed During Alaska Shore Excursion

by Gerson & Schwartz, P.A.

Cruise Ship Passengers Killed During Excursion

On May 13, 2019 two sightseeing planes carrying Princess Cruise passengers collided in midair in Alaska. The floatplanes were carrying passengers near Ketchikan, in southeast Alaska. According to Princess Cruises, one of the planes was carrying 10 guests for a shore excursion sold by the cruise line.The other plane was an independent flight tour and was carrying four people from the Royal Princess vessel as well.

The fact that the excursion was sold by Princess to cruise ship passengers in this case is an important legal detail. Princess may be held liable under various legal theories including joint venture, negligent selection or negligent retention of the excursion operator that selected the airplanes for the company being used to transport the passengers. Alternatively, Princess may be vicariously liable if the plane was negligently maintained resulting in the crash. The plane manufacturer, maintenance company will likely have legal liability for this case. However, given the catastrophic damages, all sources of legal and financial responsibility will need to be explored. This This is an egregious example of what can go wrong during cruise ship excursions. If you suffered injuries or a loved one passed away from a serious accident or injury resulting in a wrongful death during a cruise ship activity or excursion, we recommend you call our cruise ship accident lawyers in Florida at Gerson & Schwartz P.A. at (877) 475-2905. You also can reach out to us through our online form or email info@gslawusa.com to schedule your free consultation.